VIJAYPAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this revision is made to the order dtd. 11/10/2023, passed in Misc. Case No.20 of 2023, State Vs. Vijay Pal, by the court of Special Judge (POCSO)/District and Sessions Judge, Tehri Garhwal ("the case"). By this order, the final report submitted in Case Crime No.02 of 2023, under Ss. 376(3), 506 IPC and Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012 ("the Act"), Police Station Chamba, District Tehri Garhwal, has been rejected and the revisionist had been directed to appear before the court on 30/10/2023.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The FIR No.2 of 2023 was lodged at Police Station Chamba, District Tehri Garhwal, under Ss. 376(3), 506 IPC and Sec. 4(2)/6 of the Act. According to it, on 23/6/2022, the victim, a young girl, was standing with her brother on the road side, when the revisionist approached them and offered them lift. The revisionist took the victim and her brother near his house and made the brother of the victim sit in a hotel. Thereafter, according to the FIR, the revisionist took the victim in his room, raped her, and threatened her to life. The victim did not reveal it to anyone. When she was questioned about her changed behaviour, she revealed the incident to her mother. Her mother approached certain authorities including the police, but no action was taken. Thereafter, finally, on 23/1/2023, the FIR was lodged. It is this FIR, in which final report was submitted by the Investigating Officer ("IO"). Mainly, the final report has been submitted on the following grounds:-